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Hawaii Questions & Answers
1 Answer | Asked in Car Accidents for Hawaii on
Q: What constitutes an abandoned vehicle?
Adam Studnicki
Adam Studnicki
answered on Nov 13, 2015

See if the applicable statutes or your State's case law include a definition.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation....
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1 Answer | Asked in Uncategorized for Hawaii on
Q: Do both owners of a property need to sign a listing agreement?
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 4, 2015

Usually, the agent/broker should want both signatures on the listing agreement.

1 Answer | Asked in Criminal Law for Hawaii on
Q: Do I need a lawyer for a petty misdemeanor, and if found guilty, will I have a criminal record?

I am accused of being in a public park after closing hours and having alcohol there.

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 1, 2015

Yes, and yes.

2 Answers | Asked in Divorce and Family Law for Hawaii on
Q: Am i allowed to take items out of our home to the pond shop bc husband won't support family financially?

I am in a abusive marriage and decided to leave him. I am working with social workers who help me go through the court/legal process. I have a TRO and he cannot contact me or his children. He refuses to support his children financially. He pays for rent and major bills but refuses to give me money... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 30, 2015

Hire an attorney and get the advice that you need about this. At least go to speak with a family attorney in your area and have a full discussion.

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1 Answer | Asked in Family Law for Hawaii on
Q: do i have legal rights to my husbands bank account (not a joint acc) to buy food for my kids and me? Hawaii/military

I am a shm with 3 kids, seperated because he is psychol. And phys. Abusive. He is not paying me any money. He is paying for rent and all major bills. Do i have the right to transfer money from his acc. To mine (it's not a joint acc)? I would keep records that it's used for food. Just... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2015

No. If you are not on the account, you can't draw funds from it.

You need to file suit for legal separation (if allowed in your state) or divorce. Then you may be able to get a court order requiring him to support you and your children.

1 Answer | Asked in Criminal Law for Hawaii on
Q: How much jail time would you get for assault in the first degrees in Hawaii
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

An intenet search for punishment for crimes in Hawaii, can get some basic information: http://www.criminaldefenselawyer.com/topics/hawaii-crimes-laws-penalties

1 Answer | Asked in Real Estate Law for Hawaii on
Q: If a property was jointly owned and one spouse dies, how does the remaining spouse get a reverse mortgage?

Does the executor of the will need to sign forms so the remaining spouse can get a reverse mortgage? Does this make the original will of the spouse that died first null? Does this mean that the heirs of the spouse that died first will not inherit after the property sale?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

It they owned the property as joint tenants with right of survivorship, the property passed to the surviving spouse by operation of law. So no,, the executor has no say in the matter. The will is not void, but the property doesn't pass by the will. And yes, the heirs named in the will get... View More

1 Answer | Asked in Stockbroker Fraud and Securities Law for Hawaii on
Q: International transportation and trading company limited under the laws of the territory of hawaii merged into the big5

I seen brokers I seen unclaimed property I seen banks. What happens to stocks when a person dies.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 27, 2015

The corporation isn't necessarily notified. The personal representative (or "executor") of the decedent needs to notify the corporation.

1 Answer | Asked in Securities Law for Hawaii on
Q: What is the first thing one should do when cashing in on capital stock?territory of hawaii

INTERNATIONAL TRANSPORTATION AND TRADING COMPANY, LIMITED

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Have a conversation with an accountant?

2 Answers | Asked in Constitutional Law for Hawaii on
Q: Uscs 28 1443 Civil Rights Removal: Is there a time deadline after service?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You have not given enough facts for an attorney to answer you, and this question calls for specifically tailored legal advice or a certain amount of research.

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1 Answer | Asked in Constitutional Law for Hawaii on
Q: What is due process right?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

Basically notice and an opportunity to be heard.

1 Answer | Asked in Appeals / Appellate Law for Hawaii on
Q: why does the attorney keep saying i didn't file appeal reconsideration when i already have an appeal?

I filed appeal four years ago. After each motion denied, defendant attorneys state I didn't file an appeal?

Can you file appeals of other motions in the case, such as stay of eviction, while something is already on appeal?

I did not owe a cent, breach of contract.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You do not think you need an attorney? You do.

1 Answer | Asked in Appeals / Appellate Law for Hawaii on
Q: Does the Appeallate Court have jurisdiction to consider an appeal if I was a tenant in a foreclosed property?

I was forcibly evicted under mortgagor.s writ of ejectment of foreclosure. I was never given notice or date to leave. All of my possessions were taken to an undisclosed location. 4months later I was given a 6 day notice that my possesions were being auctioned for default. Also when the ejectment... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 18, 2015

You have many questions, and the way to get them answered at the time was to actually go see an appellate attorney in your jurisdiction.

1 Answer | Asked in Constitutional Law for Hawaii on
Q: Can marshal law be overturned by congress
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

What are the facts and circumstances that cause you to ask this question? Read In Re: Milligan.

1 Answer | Asked in Constitutional Law for Hawaii on
Q: Discribe the changes in the Fifth and Sixth Amendments and the custodial protections that are provided under these
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

This sounds like a homework assignment. We are not here to help you with homework. Read these things an do legal research to be able to answer.

1 Answer | Asked in Appeals / Appellate Law for Hawaii on
Q: How long does the appellate court take to review after the last brief is filed?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 7, 2015

There usually is not a set time within which the court must make a decision. It can take months or perhaps years in some cases.

1 Answer | Asked in Immigration Law for Hawaii on
Q: I am Canadian, lived in USA 37 years,married an american, I need an attorney to help me get citizenship.

I have 3 x husbands and my former is deceased. I remarried 10 years ago, and am still married and we have 2 american children. I need assistance please

Shan Dimitris Potts
Shan Dimitris Potts
answered on Sep 24, 2015

The first step in applying for citizenship is to get a permanent residence card. Once you get a permanent residence card and send 5 years in the US with that card you will be able to apply for citizenship. Your US citizen husband may be able to sponsor you for a green card, so please contact an... View More

1 Answer | Asked in Constitutional Law for Hawaii on
Q: Does the "Property Clause" in Article 4 section 3 of the constitution not allow me to use the constitution to my defense

Need clarification on what "and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State." is interpreted as.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 23, 2015

More facts are needed to answer your question, and specifically tailored legal advice which would probably entail research on the part of an attorney.

1 Answer | Asked in Employment Discrimination for Hawaii on
Q: Large insur co. boss locally is accused of multiple counts of harassment. What kind of lawyer do we need as employees?

Twenty plus employees are involved and interested in filing suit. Company based out of NYC and very astute. Documented and he was released recently; but that should not release he and the company from liability. We as a group need counsel here in Hawaii. Any help in pointing us in the right... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 22, 2015

When you have a question you have to give enough basic information. You have not stated what type of harassment is involved here. Perhaps a personal injury attorney is needed, perhaps just a general practitioner. Actually going to see an attorney could be quite helpful.

2 Answers | Asked in Criminal Law for Hawaii on
Q: In Hawaii, is it illegal for my neighbor to videotape or photograph me or others on my property?

Is there any legal action I can take? Any advice?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 19, 2015

This forum does not have many attorneys who answer questions in your state. Go see a local one.

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